The Official Solicitor & Public Trustee

The complainant requested specified financial and litgation friend related information from the Official Solicitor and Public Trustee (the ‘OSPT’). The OS and PT are two separate and distinct statutory office holders although at present the offices are held by one person; the complainant made his request to the OS. Ultimately, the OSPT, whose sponsoring department is the Ministry of Justice (the ‘MOJ’), refused to answer any part of the request. For the parts of the request relating to the ‘litgation friend’, the OSPT advised that the OS (and PT) are not public authorities for the purposes of FOIA when acting as litigation friend and said that, subsequently, the work these offices undertake on their behalves does not fall within the scope of the FOIA. The OSPT also advised that part of the request relates to information it holds on behalf of the MOJ and was therefore caught by FOIA, but cited section 12(1) – the cost of compliance exclusion within FOIA to refuse it. The Commissioner’s decision is that the OSPT was entitled to rely on section 12(1) of FOIA for parts 1 to 3 of the request for the reasons set out in this notice. He also finds that the OSPT complied with its advice and assistance obligations for parts 1 to 3 in accordance with section 16 of FOIA. The Commissioner has determined that the OSPT (specifically the OS in this case) was not obliged to respond to parts 4 to 6 of the request because it is not caught by FOIA in respect of the requested information. No steps are required as a result of this notice.